Sec. 11-55. Obstruction of street, sidewalk; duty to remove; nuisance declared; abatement procedures.
(a) As used in this Section, the following terms shall be defined as follows:
Owner shall mean the recorded owner of property as shown by the records of the County Clerk and Recorder and shall also include, but not be limited to, the person/ entity having possession or control of the property.
Plant shall mean and include any tree, shrub, vine, weed, grass, herbaceous plant or other ornamental vegetation.
Public way shall mean and include all streets within the Town, all public rights-of-way, easements, footpaths, walkways, sidewalks, public roads, public alleys, public drainage ways, public parks, medians and open space.
(b) The Town Manager or designee, the Public Works Director or designee and any member of the Police Department may enter upon any premises without a warrant to inspect all trees and plants for purposes of enforcement of this Section.
(c) Obstruction prohibited; nuisance declared.
(1) It is unlawful for any owner or occupant of property to allow any tree or plant upon the subject property or on a Town right-of-way to project into, obstruct or encroach upon any public way in such a manner as to impair, obstruct or endanger pedestrian or vehicular traffic (to include obstructing the sight distance triangle and obscuring any traffic control device) or to present a potential hazard to public or private property.
(2) It is unlawful for any owner or occupant of property to allow any object upon the subject property or on a Town right-of-way to obstruct or encroach upon the public right-of-way in such a manner as to impair, obstruct or endanger pedestrian or vehicular traffic (to include obstructing the sight distance triangle and obscuring any traffic control device) or to present a potential hazard to public or private property.
(3) Any condition described in Paragraphs (c)(1) and (c)(2) above shall be deemed a public nuisance.
(d) Abatement of nuisance.
(1) Where any tree, plant or other object upon private property or Town right-of-way projects into, obstructs or encroaches upon any public way in such a manner as to impair, obstruct or endanger pedestrian or vehicular traffic (to include obstructing the sight distance triangle and obscuring any traffic control device) or presents a potential hazard to public or private property, the Town may order the owner or occupant of the premises which are the source of the obstruction to remove, trim or otherwise treat such tree or plant or remove such object, within a reasonable amount of time as determined by the Town.
(2) Notice under this Subsection is sufficient if it is deposited in the U.S. mail, first-class, to the last known owner of the property as reflected on the records of the County Assessor and to the person/entity in possession or control of the property, if known to be different from the owner. Notice may also be personally served on the owner and an occupant of the property who is at least eighteen (18) years of age, if known to be different from the owner.
(3) If the person(s) notified fail to correct the violations as required by the notice, the Town shall have right to:
a. Enter the property and take whatever corrective actions are determined to be necessary to bring the property into compliance.
b. Assess the owner and/or person/ entity in possession or control of the property for the actual costs of the corrective action taken, including five percent (5%) for inspection and other administrative costs incurred in connection with the action taken regarding the property.
c. The costs assessed pursuant to Subparagraph (3)b. above shall be the joint and several obligation of the owner and/or person/entity in possession or control of the property.
(4) The Town Manager or designee shall notify the owner and the person/entity in possession or control of the property in writing of the amount of the assessment for correction of the violations, and that such amount is due thirty (30) days from the date of the notice or such other time as deemed reasonable in the sole discretion of the Town Manager or designee. Notice under this Subsection is sufficient if it is deposited in the U.S. mail, first-class, to the last known owner of the property as reflected on the records of the County Assessor and to the last known address of the person/entity in possession or control of the property, if known to be different from the owner.
(5) If the owner and/or the person/entity in possession or control of the property fails or refuses to pay when due any charges assessed under this Section, the Town Clerk may, in addition to taking other collection remedies, certify any unpaid charges, including a ten-percent penalty for cost of collection, to the County Treasurer, to be collected in the same manner as other taxes are collected. (Ord. 960 §1, 2008; Ord. 1088 §1, 2012)